Hague moves toward an international convention

Hague moves toward an international convention

When babies move between countries, at times the rules that apply appear to be inconsistent, if any. Each country seems to be making up their own rules, which are often inconsistent with other countries’ rules.

For over 100 years a number of countries, including Australia, have met at The Hague in the Netherlands and agreed to conventions covering international rules, including the Hague Inter-country Adoption Convention and the Hague Child Abduction Convention, to name two. The organisation at The Hague  is called The Hague Conference on Private International Law.

For some time now, as I have blogged before, The Hague Conference has been looking at the possibility of a Hague Convention concerning private international arrangements for children, including international surrogacy arrangements.

It looks as though there will be the bare bones version of a convention early next year, after The Hague Conference agreed to convene a group of experts early next year to look at private international rules concerning children, including international surrogacy arrangements.The group should be geographically representative and should be appointed in consultation with member nations.

When I was asked by any number of media following the Baby Gammy saga about how to prevent it happening again, I said that there were three ways:

  1. Australia allowing compensated surrogacy under a national system, so that we were not exporting our problems around the world. Australians generally would rather undertake surrogacy at home not abroad, if it is available.
  2. Australia seeking to persuade other countries to put in place appropriate standards for IVF and surrogacy, to minimise the possibility of trafficking and exploitation.
  3. There being a sensible Hague Convention.
The C

Hopefully,  this step by The Hague Conference will bring about the last of these.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

8 Essential Rules for Known Sperm Donation in Australia

Sperm donation in Australia can be a generous, life-changing act. It can also become an expensive legal and emotional mess if people get the groundwork wrong. Known donor arrangements often begin with goodwill, trust and optimism. Unfortunately, none of those things is a substitute for legal clarity. When people talk about sperm donation in Australia,… Read More »8 Essential Rules for Known Sperm Donation in Australia

Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Parental alienation is one of the more troubling issues that can arise after separation. It can be subtle, it can be deliberate, and it can cause real harm to children. In family law matters, it often appears in the form of one parent undermining the child’s relationship with the other parent, sometimes slowly and sometimes… Read More »Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Surrogacy Counseling: The Key Differences Between QLD and NSW

Surrogacy counselling is one of the most important parts of any surrogacy arrangement, and it is also one of the most commonly misunderstood. That confusion does not just affect intended parents and surrogates. It can also affect lawyers, counsellors, and other professionals involved in the process. The reason is fairly simple. Both Queensland and New… Read More »Surrogacy Counseling: The Key Differences Between QLD and NSW

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board